For some time now, companies have been utilizing online promotions as a means to increase brand excitement and build a strong following. While there are many different types of promotions, sweepstakes appear to be more and more popular. What many brands fail to realize, however, is that sweepstakes can be considered illegal gaming. Unless they consult an attorney experienced in that area of law, the ramifications of running this type of promotion can be complex.

So what exactly are sweepstakes? Sweepstakes are contests that have all three of the following elements: something of value is given away, it is awarded by chance, and entrants must provide consideration for their entry.

If any one of these elements is eliminated, the promotion is not a sweepstake. For example, "Free entry" and "No purchase necessary" have proven practical as a means to eliminate consideration. However, one can avoid the complications of sweepstakes altogether by running different types of promotions.

Here are some ways to engage consumers utilizing social networks in lieu of sweepstakes. Each way removes the second element — chance — which makes the promotion no longer a sweepstake because winners are chosen based on something other than random drawings.

1. Polls, Brand Trivia and Sharing

Polls, brand trivia and promotions that encourage sharing can be great alternatives to sweepstakes. These options can offer a variety of incentives for participating; anything from actual prizes to sheer bragging rights. Because awards are based on skill and not chance, these types of promotions are not considered sweepstakes. Contests such as these generally focus on engagement, fun and healthy competition.

The new A&E television show The Glades created a Facebook Page four weeks ago and has been running a sharing promotion, Top Fans, for the past three weeks. To date, they have over 45,000 "Likes." This sharing promotion encourages fans of the show to invite their friends to also Like The Glades, and those with the most referrals win bragging rights and are featured on The Glades Facebook Page.

But, sharing promotions aren't enough. The Glades posts unique content on its social media platforms, including never-before-seen footage, teasers and other interesting insider information. The idea is to provide content people will feel excited about sharing.

Vice President of Advertising and Consumer Marketing Lori Peterzell speaks to their recent sharing promotion: “The Glades Top Fan promotion has been a powerful tool to organically increase our Likes on Facebook. We have run successful sweepstakes contests, but wanted to offer something different. Human beings are naturally competitive and our Top Fan promotion offers fun and healthy competition. We have found sharing promotions create strong emotional connections — being proud of their relationship with The Glades and sharing that with their friends. Bragging rights that one is the ultimate fan have proven to be just as worthy as prizes.”

2. Voting

Contests that require people to vote for winners are not considered sweepstakes because winners are not chosen at random. Instead, the majority vote decides who is victorious. Voting has become increasingly popular and brands use this type of contest in various ways.

Over the past several months, many well-known companies have executed successful voting contests. Levi’s used voting to find the future face of its company. MTV asked fans to vote for who would be the first ever Twitter Jockey, and Pepsi and Kohl's are using voting to decide what cause should receive financial awards. The buzz that has erupted around these campaigns is enormous. This might be in part because voting allows fans to be more connected and feel important and valued.

3. Uploading Content Promotions

This type of contest removes the element of chance. Asking people to submit great content, whether videos, essays or photos, and awarding prizes based on submissions is a win-win for the brand and participants. The brand gets amazing content and a view into what customers are thinking, while participants are able to connect on a deeper level with brands they love.

The Radio Flyer company has manufactured little red wagons since 1917. Many of us have fond memories of being pulled around in these wagons as kids. This emotional connection has led the brand to a promotion that encourages fans to upload photos and help create the "World’s Largest Wagon Mosaic."

Rather than offer a grand prize to one random winner, the mosaic offers weekly and monthly incentives to encourage participation. Each week, one photo is selected to be featured on their homepage and the individual who submitted the winning photo receives a commemorative mini classic wagon. At the end of each month, all submissions are entered to win a full size Classic Red Wagon. Rather than choosing winners at random, they are selected by a panel of judges.

Melissa Akers, Marketing Manager for Radio Flyer says, “We have, for many years, seen how our friends and consumers have proudly uploaded images of themselves and their families interacting and enjoying Radio Flyer products via sites such as Flickr, Ofoto and Google Images. It was therefore our desire to thank these loyal supporters while also working with them to reach the next generation of Radio Flyer fans ... The mosaic provides a place for all fans of the brand to upload their photos together and be a part of something bigger.”

Conclusion

There is no limit to the variety of concepts that can be used to create non-sweepstakes promotions. With social media, brand managers are only limited by the scope of their imagination. Regardless of the approach, the key is to take advantage of the strengths your brand has to offer. You don’t need the complications of sweepstakes to run a competitive promotion.

Disclaimer: This article is not intended to serve as legal advice. The laws around sweepstakes and contests vary from state to state. We strongly encourage you consult a qualified attorney if you have any questions about running sweepstakes on the Internet.

Mashable
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